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2025 Supreme(Bom) 269

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
R. M. JOSHI, J.
Sonu S/o Laxman Mahajan – Appellant
Versus
Amrtulal S/o Devlal Lohar – Respondent


Advocates Appeared:
Mr. L. V. Sangit, Advocate for appellants
Mr. V. R. Patil, Advocate for respondent

ORDER :

1. Learned counsel Mr. Vinesh C. Solshe seeks discharge on the ground that the respondents have engaged learned counsel Mr. V. R. Patil. He stands discharged.

2. Original defendants takes exception to the judgment and decree passed by the Trial Court in Regular Civil Suit No. 93/1977 granting decree of specific performance in favour of the plaintiff and confirmation thereof in Regular Civil Appeal No. 186/1986 by First Appellate Court.

3. Parties are referred to as “plaintiff and defendants” for the sake of convenience.

4. There is no dispute about the fact that plaintiff filed suit bearing Regular Civil Suit No. 93/1977 for seeking specific performance of the contract on the basis of agreement to sale executed by defendants dated 20.10.1973 for sale of suit property. There is no dispute about the fact that defendants are the owners and are in possession of the suit property. It is a case of the plaintiff that at the time of execution of agreement dated 20.10.1973, defendants have accepted sum of Rs. 3,500/- and subsequent thereto on 01.12.1973 further amount of Rs. 8,000/- was accepted. Parties were to execute sale deed on or before 23.05.1977. It was further agreed between th

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